If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Violent L not protected deposit and refuses to do repairs

28-03-2009, 03:41 AM

Huge apologies to the genuine LLs on here that freely offer help and advice; but there is always a bad penny, the LL that thinks he's above the law and I've found him! He's my LL and his blatent disregard for the law or his commitments makes my lood boil as it reflects badly on the good LLs and tenants and I really feel that I have to take a stand but need some advice as I have to know I'm in the right and can get advice before I take action.

1. Deposit not protected
2. Repairs not carried out - front door hasn't been able to open for over three months; kitchen written off by flood 24/12/08 and still not replaced and abosultely stinks .... wood blown, flooring taken up and not replaced etc
3. No Gas Certificate
4. LL making threats of violent eviction
5. LL has history of violence against tenants
6. LL has rented neighbouring property to a problem T; police, EH etc involved
7. LL won't deal with anything apart from taking rent
8. House flooded Xmas eve and LL refused to inform insurers so had no electric for two weeks
9. LLs neigbouring tenant making physical threats to adults and children
10. LL won't return deposit so I can't afford to move
11. I'm scared!!! I split with my husband a year ago to make a fresh start and this isnt what I expected; a guy might handle this better but I'm only a small girl (size 6 too big and loosing weight rapidly due to current situation). I can't afford to change the locks and LL has keys as he has used them before - walked in thinking I was out but in bed after asthma attack

Huge apologies to the genuine LLs on here that freely offer help and advice; but there is always a bad penny, the LL that thinks he's above the law and I've found him! He's my LL and his blatent disregard for the law or his commitments makes my lood boil as it reflects badly on the good LLs and tenants and I really feel that I have to take a stand but need some advice as I have to know I'm in the right and can get advice before I take action.

1. Deposit not protectedMake a claim for the 3x penalty.2. Repairs not carried out - front door hasn't been able to open for over three months; kitchen written off by flood 24/12/08 and still not replaced and abosultely stinks .... wood blown, flooring taken up and not replaced etcCall in Environmental Health from your local council. Let them deal with him.
3. No Gas Certificate
4. LL making threats of violent evictionThese are criminal offences, report them to the police.
5. LL has history of violence against tenantsMake sure the police are aware of this.
6. LL has rented neighbouring property to a problem T; police, EH etc involved
7. LL won't deal with anything apart from taking rent
8. House flooded Xmas eve and LL refused to inform insurers so had no electric for two weeks
9. LLs neigbouring tenant making physical threats to adults and children
10. LL won't return deposit so I can't afford to move
11. I'm scared!!! I split with my husband a year ago to make a fresh start and this isnt what I expected; a guy might handle this better but I'm only a small girl (size 6 too big and loosing weight rapidly due to current situation). I can't afford to change the locks and LL has keys as he has used them before - walked in thinking I was out but in bed after asthma attack

Any advice, PLEASE!

I think you need to frighten your LL a bit, a big hairy sensible copper might just do that. Try not to be intimidated, bullies can usually be sorted out by bigger bullies, and EH can be a very big bully indeed. As can be the judges in the county courts

I offer no guarantee that anything I say is correct. wysiwyg

Comment

Thanks jta; police already involved due to neighbour so spoke to them yesterday when they had to attended yet again, They were not surprised about LL as have had problems with him themselves re other tenant and are going to pay him a visit and put him straight on a few things. Environmental Health involved with neighbour so have a contact there and will ring first thing Monday morning.

Only problem I have now is how to go about claiming the 3x deposit and what happens if the LL can't pay?

Comment

if the landlord cant pay its not your problem. the court will send the baliffs in.

Stop! It's not quite so simple. snakeeyes, we appreciate that you are trying to be helpful, but sweeping statements like this have the opposite effect.

That's why jta advised OP to trawl some threads before deciding how to proceed.

Apart from anythting else, if LL has no money, it is likely (although not guaranteed) that he will not risk a fine of 3x the deposit - he will probably either rush off and comply late with protection rules - or repay the original deposit in full.

'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'.Charles Dickens, Great Expectations

It is for the tenant to surrender their lease, and then for the landlord to accept (or not). A s21 notice by itself, and for that matter a tenant leaving as a result of the notice is probably not sufficient to meet the standard required for surrender by operation of law.

This is a bit of an unusual situation and I'm not sure what to do... long story short, my tenant stopped paying their rent in June and has given me several reasons why they couldn't pay. I tried my best to be accommodating, as I thought it's best to do that and try to come to an amicable arrangement...

I've heard that one before.
It's always mistaken.
Any tenant would take care the property they rent, in fact they have to (the property has to be returned in the condition it was given less fair wear and tear otherwise the landlord can claim compensation - regardless of who the tenant is)....

In English law, the principle is, essentially, that the law is what it says, not what was meant.
When you read appeals cases, the amount of time spent looking at definitions and trying to match the precise wording to the precise situation is testament to this.